§ 62-36-119 — Suspension, revocation or refusal to renew license - Hearings - Administrative and judicial review - Injunctions - Governmental immunity

(a) The department shall have the power to suspend, revoke or refuse to renew the certificate of licensure of any licensee who: (1) Is found to have been convicted of: (A) Any fraud or deceit in obtaining a certificate of licensure; (B) Any felony or any crime involving moral turpitude. However, an action taken under this subdivision (a)(1)(B) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (C) Any unlawful act as set forth in this chapter; or (2) Is found guilty of fraud, deceit, gross neglect, incompetence or misconduct in the practice of geology as a licensed professional geologist. (b) Any action by the department to suspend, revoke or refuse to renew a certificate of licensure shall be taken after a hearing held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) Any administrative or judicial review of such action shall likewise be in accordance with the procedures set forth in the Uniform Administrative Procedures Act. (d) The department may seek relief at law or equity to restrain or enjoin any act or practice in violation of this chapter or of any rule promulgated to effectuate the purposes of this chapter. Jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such a suit. No bond shall be required for the prosecution of the suit or for the issuance of an injunction. (e) Members of the department are officers of the state in carrying out the duties imposed by this chapter and as such have the full measure of governmental immunity provided by law.

Legislative History

Amended by 2018 Tenn. Acts, ch. 745,s 19, eff. 7/1/2018. Acts 2007, ch. 495, § 20.